Serve your request to change or end a DVRO
After you file your Request and get a court date, you must let the other side know that there is a hearing. You do this by having another adult, not you, deliver a copy of the papers to the other side. This is called serving court papers. The person who delivers the papers is called a server.
How your server delivers the papers
There are 2 main ways to serve court papers, in person or by mail
Your server can always deliver the papers in person (called personal service). Sometimes, they can mail the papers instead (called service by mail). You must have the papers delivered in person (personal service) if:
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You are the Restrained Party asking to change or end the restraining order
If you are asking to change or end a restraining order made against you (form DV-130 or DV-730).
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The judge ordered personal service
To find out if the judge ordered personal service, look at items 7 and 8 of form FL-300. If item 7 is checked, personal service is required. Personal service is required if the if the judge made the order in item 8. You can ask the sheriff to try to serve your court papers and they will do it for free.
If none of the above apply, you may serve by mail.
Serve by mail
This means your server can mail them to the other side.
If you are not sure which one you can use, talk to your court's Self-Help center. Staff can help you figure out which way you can use. You can always use personal service.
How to serve a request
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Choose a server
You can't serve papers yourself. Ask another adult – a server – to mail the papers. Your server must be 18 or over, and not a part of your case. Your server can be someone you know or a professional process server you pay.
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Figure out the deadline to serve
Personal and mail service have different deadlines
For personal service
Unless the court orders a different time to serve, your server must deliver the papers at least 16 court days before your court date. A court day is a day the court is open (Monday through Friday, excluding court holidays).
Take out a calendar and find your court date (it’s listed on the first page of your Request for Order).
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Count backward on the calendar 16 court days (Monday to Friday, not including any court holidays). Your court date is not counted (so it’s day “0”).
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When you get to the 16th day, check what day it is:
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If it’s not a holiday or weekend, that’s your deadline.
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If it’s a Saturday or Sunday or court holiday, count back to a day that court would be open, that’s your deadline.
Your server needs to deliver the papers by this date.
For service by mail
The server must mail the papers at least 16 court days plus 5 calendar days before your court date.
A court day is a day the court is open (Monday through Friday, excluding court holidays).
Take out a calendar and find your court date (it’s listed on the first page of your Request for Order).
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Count backwards on the calendar 16 court days (Monday to Friday, not including any court holidays). Your court date is not counted (so it’s day “0”).
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When you get to the 16th day, count back 5 calendar days (these can be weekends or holidays)
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Check what day this is:
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If it’s not a holiday or weekend, that’s your deadline.
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If it’s a Saturday or Sunday or court holiday, count back to a day that court would be open, that’s your deadline.
Your server needs to mail the papers before this date.
If the person lives out-of-state or in another country, the deadline is sooner:Out-of-State: Mail the papers 16-court days plus 10 calendar days before your court date
Outside the United States: Mail the papers 16-court days plus 20 calendar days before your court date
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Have the server deliver the papers
Your server delivers:
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A copy of your Request for Orders (form FL-300) and any attachments
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A blank Responsive Declaration to Request for Orders (form FL-320)
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A copy of your Income and Expense Declaration (form FL-150) (if you filed one) along with a blank one
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Any other papers you filed (except any fee waivers)
If the other side has a lawyer in this case, meaning a lawyer filed papers in the case, then your server must deliver the papers to the lawyer instead.
Tell your server to write down when they delivered the papers. Your server needs this date to fill out the Proof of Service form.
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Have server complete the Proof of Service form
Your server needs to fill out and sign a Proof of Service form. It helps if you fill in the top part of the form with the case and court information. Your server can then fill in the rest of the form and sign the form.
For personal service
If your server delivered the papers in person, use Proof of Personal Service (form FL-330).
For service by mail
If your server mailed the papers, use Proof of Service by Mail (form FL-335).
If you're asking to change a long-term or permanent child custody, visitation, or child support order, you need to also fill out a Declaration Regarding Address Verification (form FL-334) and attach it to form FL-335. This tells the court how you know the other parent's current address. If you're not sure if you need to use this, you can ask your court's Self-Help Center.
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Copy and file the Proof of Service form
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Make a copy of your Proof of Service form.
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File the original and the copy with the court where you filed the papers at least 5 court days before your hearing date. The court will stamp the copy and give it back to you. Keep the copy for your records.
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Attend your court hearing
Once you’ve served your request, learn what to expect on your court date and how to prepare.